PRADIP KUMAR KATIYAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed challenging the charge sheet of the case "The State v. Kishan Dwivedi and Ors.", vide Case No. 1036 of 2007, under Sections 406/408/409/410/413/415/418/420/464/465/467/468/471/120B I.P.C., P.S. - Achalganj, District - Unnao, pending in the court of Judicial Magistrate, Unnao along with the proceedings arising out of the said charge sheet. It has also been prayed that cognizance and summoning order dated 17.07.2004 passed under the aforesaid sections vide Case No. 1036 of 2007 pending in the court of Judicial Magistrate, Unnao may also be quashed.

(2.) The facts in brief are that the petitioner was a partner in M/s Aashi Enterprises, a partnership firm, having its office at 118/13, Kaushalpuri, Gumti No. 5, P.S. -Nazirabad, District - Kanpur Nagar and was doing business with consumer-goods company, namely, M/s Hindustan Lever Limited (for short "the Company") in the capacity of its "Re-Distribution Stockist" since 1996 under agreement with the Company. It is stated that there were other Re-Distribution Stockists of the Company. The Company was doing business with all its Re-Distribution Stockists through its Clearing & Forwarding Agent, namely, M/s Wescon situated at District - Unnao having jurisdiction over the Central and Eastern Uttar Pradesh and covering Kanpur region also. Informant, Sri Ravi Menon, was the General Manager of M/s Wescon who lodged the FIR.

(3.) According to the prosecution case, petitioner's firm, namely, M/s Aashi Enterprises and other Re-Distribution Stockists firms, namely, M/s Aar Kay Agency and M/s Regal Sales received the goods of the Company through M/s Wescon, but did not make the full payments against the supplies and consequently, three FIRs were lodged against the petitioner and others separately on the basis of alleged involvement of three Re-Distribution Stockists, namely, M/s Aashi Enterprises, M/s Aar Kay Agency and M/s Regal Sales by the Company through its Regional Commercial Manager, namely, Sri Hardeep Singh.